Man Kwok Keung Tony v. 馬德松

DCCJ 4385/2020

[2025] HKDC 469

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 4385 OF 2020

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DECISION

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1.This is the PTR for a trial scheduled to start on 7 May 2025.

2.Mr Joshua Choy acts for the plaintiff (“P”).  Mr Johnny C M So acts for the defendant (“D”).  Counsel lodged excellent submissions.  I read them.  The only matters I wish to comment on relate to (1) the state of the horrendous trial bundles; and (2) the request that arrangements be made for audio recordings to be played in Court during the trial itself.

3.For the trial bundles, as I had said in Estate of Lam Chun Sing v Shui Dian Bao Air Conditioning Ltd [2024] 4 HKLRD 708 [2024] HKDC 1510 (at §8, DDJ Kenneth KY Lam), the acid test is “will this document be referred to”.  For our present case, I can see no reason why any person will refer to the blank acknowledgement of service forms, or the notes teaching litigants how to fill in those forms.  I do direct Leung Kin & Co, Solicitors for P, to remove all of them from the trial bundles forthwith.

4.The index for the trial bundles is also unacceptable.  Item Nos. 9 to 12 each simply reads “Order”.  That description may well be correct, but is unhelpful.  It is almost like being asked “where do you live” and you answer “Planet Earth”.  I further direct Leung Kin & Co, Solicitors for P, to review all descriptions for all documents and re-draft the index in a more helpful manner.  By way of example, if an order is included because it sets out the scope of the expert evidence, the description should at the very least be “Order (Expert Directions)” so that if the future Trial Judge shall have to check whether a line of cross-examination is within or beyond the scope of the permissible expert evidence he can easily locate the correct order by using the index.  This is particularly important in our present case because for reasons unknown to me at this stage it seems to be the parties’ plans to tender their experts for cross-examination at the trial itself.

5.Similarly, Item No. 14 in the index is “Expert Reports”.  The use of the plural noun there is not understood.  The respective names of the experts are inexplicably missing from the index.  When Leung Kin & Co, Solicitors for P, review all descriptions in the index in compliance with my direction above, these problems should also be fixed by them.

6.For playing audio recordings in Court, practitioners may have underestimated the administrative burden and technical difficulties which we face.  In a case where authenticity and chain of evidence shall never be challenged, practitioners should consider adopting the simpler solution of bringing their own computers and portable speakers for this to be done.

7.All things considered, I make the following order: -

(1)     The trial shall commence on 7 May 2025 at 9:30 am as scheduled.

(2)     P’s solicitors shall redo the trial bundles and their index in the manner as explained by this Court today and then lodge and serve both hard and soft copies of the brand-new version before 4pm on Monday 7 April 2025.  The brand-new version shall include a printed version of the Decision of this Court today.  Transcripts for the audio recording to be played in Court should be included, and clearly marked as agreed or not agreed as the case may be.  In compliance with §5 of PD 5.6, the first box file shall be called and marked A. The second box file shall be called and marked B.  And so on.  The spine of each box file must be prominently labeled.  Any box file with an unlabeled spine, or an incorrectly labeled spine, shall be immediately returned to P’s solicitors unread.  Any failure to comply with these directions may result in P’s costs being disallowed by the trial judge.

(3)     P shall lodge and serve both hard and soft copies of P’s written opening list of authorities copies of authorities before 4pm on Monday 14 April 2025. Soft copies of P’s written opening shall be in both PDF and MS Word formats.

(4)     D shall lodge and serve both hard and soft copies of D’s written opening list of authorities copies of authorities before 4pm on Monday 21 April 2025.  Soft copies of D’s written opening shall be in both PDF and MS Word formats.

(5)     The trial should be conducted bilingually, that is to say with submissions being made and received in English, and with live oral evidence being given and received in Cantonese.

(6)     Translation of documents be dispensed with.

(7)     All filed and exchanged witness statements and expert reports can be adopted as evidence in chief.

(8)     Leave be granted to the parties to play audio recordings in Court using their own electronic devices or portable speakers.

(9)     Costs of this PTR with Certificate for Counsel be in the cause.

8.I thank Mr Joshua Choy and Mr Johnny C M So for their most able assistance.

Mr Joshua Choy, instructed by Leung Kin & Co, for the plaintiff

Mr Johnny C M So, instructed by A Lee & Partners, for the defendant